Karu Paswan @ Karu Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.8094 of 2018 (3) dt.18-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8094 of 2018 Arising Out of PS.Case No. -59 Year- 2016 Thana -KHAJEKALA District- PATNA ======================================================

1. Karu Paswan @ Karu Bhagat S/o Late Ram Deo Paswan, R/o VillageGhasiyari Gali, P.S.- Khajekallan, Distt.- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2018 Heard both sides.

The petitioner seeks bail in Khajekallan P.S. Case No.59 of 2016 registered under Section 302 and other Sections of Indian Penal Code and under Section 27 of the Arms Act, corresponding to Sessions Trial No.561 of 2016. The learned counsel for the petitioner submits that the prayer of the bail of the petitioner was earlier rejected by this Court vide order dated 05.12.2016 passed in Cr. Misc. No.41953 of 2016 and vide order dated 26.04.2017 passed in Cr. Misc. No.15384 of 2017 but the trial has not yet been concluded. A report was called for.

It appears that prosecution case is likely to be concluded as only one doctor is to be examined but the same is

Patna High Court Cr.Misc. No.8094 of 2018 (3) dt.18-04-2018 pending since the petitioner filed a petition under Section 311 Cr.P.C. to recall P.W.3 to 6. There is specific allegation that the petitioner along with his brothers made indiscriminate firing causing death of Chotu Paswan on the spot and injuring many other persons.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to conclude the trial without any further delay.

(Prabhat Kumar Jha, J) Saurabh/- U T